This phenomenon, where the need to license a patent is driven primarily by the need to comply with standard, rather than the advantages of the invention relativ

This phenomenon, where the need to license a patent is driven primarily by the need to comply with standard, rather than the advantages of the invention relative to alternatives, is accounted for in recent changes in the law of patent damages. See https://scholar.google.com/scholar_case?case=17512877668785640036 https://scholar.google.com/scholar_case?case=175128776687856.... Under this 2015 case, the patent owner gets less money if people just use their patent to comply with the standard, and not because it's a better way of doing something.